Dr Reddy's Laboratories (UK) Ltd & Anor v Warner-Lambert Company LLC

Dr Reddy's Laboratories (UK) Ltd & Anor v Warner-Lambert Company LLC

The extension of the SPC for atorvastatin was validly granted because the PIP was lawfully approved, the requirements of Article 36 were satisfied, Article 45(3) did not apply, and any technical breach did not warrant revocation of the extension under the court's discretionary power.

Parties
Claimant: Dr Reddy’s Laboratories (UK) Ltd; Claimant: Dr Reddy’s Laboratories Ltd; Defendant: Warner-Lambert Company LLC
Jurisdiction
England and Wales
Judgment Date
20 December 2012
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Supplementary Protection Certificate, Paediatric Regulation, Patent Extension, Marketing Authorisation, Judicial Review

Case Brief

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Parties

Dr Reddy’s Laboratories (UK) Ltd

Claimant

Dr Reddy’s Laboratories Ltd

Claimant

Warner-Lambert Company LLC

Defendant

Procedural Posture

Civil / Judgment After Trial

  1. 1 Whether the extension of the Supplementary Protection Certificate (SPC) for atorvastatin under Article 36 of the Paediatric Regulation was validly granted
  2. 2 Whether the Paediatric Investigation Plan (PIP) was lawfully approved under the Regulation
  3. 3 Whether Article 45(3) of the Paediatric Regulation applies to the grant of the paediatric extension

Ratio Decidendi

The extension of the SPC for atorvastatin was validly granted because the PIP was lawfully approved, the requirements of Article 36 were satisfied, Article 45(3) did not apply, and any technical breach did not warrant revocation of the extension under the court's discretionary power.

Court Disposition

Claim dismissed